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manner as is before stated; and that Robert the son entered upon, and enjoyed the said estate to the time of his death, and that the same then decended upon Hylton Lawson, and that he made his will to the effect before stated; that the appellant then was, and had, during the greatest part of the time since Hylton Lawson's death, been in possession of the said estate; that Wilfred Lawson was dead without issue, and that he, the appellant, had no issue: he also admitted that he had, together with the other next of kin of Hylton Lawson, instituted such suit as is above-mentioned against the respondent, as the executrix of Hylton Lawson, for a distribution of the residuum of his personal estate; and that such proceedings were had, and final decree made therein as before stated: he further admitted that the legacy of £100 had been paid by the respondent out of Hylton Lawson's personal estate, to Winefred Collingwood: and the appellant then insisted by his answer, that if Robert Lawson the elder, executed the indentures of mortgage of the 19th and 21st of March 1717, and such mortgage debt remained a charge upon the estate at the death of Hylton Lawson, and had been since satisfied by the respondent out of his personal estate, and the indentures of the 25th and 26th of April 1768, had been thereupon executed; and in case Winefred Pulleine, formerly Winefred Collingwood, had executed the indenture of assignment of the 10th of October 1777, yet in as much as he was advised that Hylton Lawson, who was the absolute owner in fee of the mortgaged estate, and had enjoyed the same for 20 years, and whose personal estate he believed was very inconsiderable at the time of making his will, had by his said will, and the charges and directions therein contained, manifested an intention that his general personal estate should be subject to the payment of his debts, legacies, and funeral expences in the first place; and that his freehold and copyhold estates de-[429]-vised to the appellant, should be subject to and chargeable with the payment of such part and so much only of his said debts, legacies, and funeral expences, as his personal estate should fall short to pay and discharge; and the respondent had a very large surplus or residuum of the personal estate remaining in her hands, as executrix, after payment of the said mortgage debt and legacy, and all other the debts, legacies, and funeral expences of the testator; that the said mortgage debt and legacy were properly paid by the respondent, out of the personal estate of the testator Hylton Lawson, and according to the testator's meaning and intention and the appellant further insisted, that as the respondent had voluntarily paid off the said mortgage debt and legacy soon after the testator's death, and near ten years before the filing of her bill, and had caused a re-conveyance to be made of the mortgaged estate to the trustee of the same, upon the trusts in the will declared thereof, she could not, after so great a length of time, insist upon any right to have the mortgage money raised again upon the said estate at Cramlington, or by virtue of the assignment from Winefred Pulleine, set up the said legacy as a demand against the appellant, or the estates and premises of which he was possessed as devisee for life.

The defendants, Mansfield Cardonnell and Henry Hudson, put in separate answers, each admitting the facts as stated in the bill, and submitting to act as the Court should direct. The cause being at issue, and the respondent having examined witnesses, and proved the execution of the lease and release, dated the 25th and 26th of April 1768, being the re-conveyance of the mortgage from Sir Benjamin Rawling to Henry Hudson, and also of the assignment of the legacy of £100 dated the 10th of October 1777, from Winefred Pulleine, and publication being passed, the cause came on to be heard the 7th of June 1779, before the Lord Chancellor Thurlow; when, upon reading the indenture of mortgage of the 21st of March 1717, the will of Robert Lawson the father, the will of Hylton Lawson, the indenture of release of the 26th of April 1768, and the indenture of assignment of the 10th of October 1777, his Lordship was pleased to order and decree, that the legacy of £100 given by the will of the testator Hylton Lawson to Winefred Collingwood, should he raised by mortgage or sale of the testator's estate at Cramlington, or of a sufficient part thereof, with the approbation of Mr. Graves, one of the Masters of the said Court, and as he should direct; and that all proper parties should join in such mortgage or sale, and produce before the master, upon oath, all deeds and writings in their custody or power relating thereto, as the master should direct: and in ease the same should be raised by sale, such sale was to be to the best purchaser or purchasers that could be got for the same, to be allowed of by the said master. And it was ordered, that the money so to be raised by such mortgage or sale,